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common law tort

Merrick v. Diageo Americas Supply, Inc.

ELR Case

The Sixth Circuit held that the CAA does not preempt property owners' state common-law tort claims against a whiskey distillery for excess ethanol emissions that allegedly caused "whiskey fungus" to grow on their properties. Below, the...

What’s Old Is New Again: State Common- Law Tort Actions Elude Clean Air Act Preemption

ELR Article

It usually takes at least three to start a trend, but two recent appellate-level decisions suggest a new air pollution enforcement trend is in the making: Environmental plaintiffs may be able to avoid Clean Air Act (CAA) preemption by...